Can a Attorney Fire Me Because I Gave Him a Negative Review
Today's Question
Today's question comes from a long-time client of mine who granted me permission to post the details of this encounter, considering I call back information technology has broad-ranging applications exterior of this case. Some of the details volition exist removed, in the interest of privacy.
"I signed an agreement with a company that contained a 'non-disparagment clause' in the service contract. They take now sent me the attached letter of the alphabet demanding that I remove the bad review of them from Facebook and Google. Is this legal?"
Curt Answer
No, it is not legal to include a non-disparagment clause in an initial service contract. The visitor cannot force you to remove a truthful bad review.
Long Answer
The long answer is that these types of clauses invalidate the contracts in which they are written, meaning the contract is effectively worthless. Therefore, if a visitor attempts to sue you lot to enforce a pre-dispute non-disparagment clause and to get you to remove your review, they will likely lose. Farther, because the contract itself is void as a matter of police, you lot may even have a merits to get whatsoever coin you paid back.
Non-Disparagment Clauses, Generally
Not-disparagment clauses have long been a feature of settlement agreements and are enforceable when two parties accept had a dispute equally an attempt to preclude some farther, continuing dispute. Mostly speaking, they are ordinarily enforceable, because courts assume that there was a proficient reason both parties agreed to not continue to throw clay at each other afterward the matter is settled.
However, it'due south important to annotation that this hastraditionally been the role of not-disparagement clauses.
With the increasing availability of, popularity of, and reliance on online reviews past customers, many companies have been somewhat ambitious in protecting their online reputations. While about steps to protect online reputation are legal and fifty-fifty wise, some started crossing the line and began including not-disparagment clauses in the initial contracts , long earlier the customer knew how skillful (or bad) the product or service would be.
Consumer Review Fairness Deed
Congress sought to get ahead of this outcome and passed the Consumer Review Fairness Act in 2016. This law, which applies across the U.s.a., invalidates any initial contract that has a restriction on a customer'southward right to truthfully review a company'southward functioning. Further, the Act provides for both the FTC and state Attorney Generals to pursue violations of the Act every bit criminal actions. Unfortunately, though, no private right of action (your individual right to sue the visitor) is included in the language of the Act.
That said, the Deedinvalidates the underlying contract, which means it is as if the contract was never signed. If a company is trying to enforce one of these provisions against you, you lot might be able to get your coin back. You would need to consult with an attorney to see how likely this might be in your case, all the same.
What this doesn't include
The CRFAdoes not include whatsoever non-disparagment agreements that are included in a settlement agreementafterwards a dispute arises. Information technology also doesn't apply to negotiated, non-form contracts. It also won't protect you if your review includes false information or knowing exaggerations of what actually occurred.
Bottom Line
As long as your review is truthful, at that place is little a visitor can do to make you remove a bad review. If they go on to push the issue, speak with an chaser.
If you have been threatened with a visitor that is trying to get y'all to remove a truthful review that you left online, we tin help. Give us a call at 205-545-7278 or consummate the class on the side of this page.
Major H/T to Republic of chad Murray at chadtalkslaw.com for a significant consumer police brief.
Source: https://trippwatson.com/blog/can-company-prevent-writing-bad-review-online
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